Allowed

Mathur Yadav @ Mathura Yadav and Ors. v. The State Of Bihar

Patna HC19 Dec 2018CR. MISC./76401/2018

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to petitioners charged under Sections 304B, 201, and 34 of IPC for Main P.S. Case No. 24 of 2018. Bail was conditioned on verifying their separate residence for 25 years and compliance with statutory conditions.

What did the court decide?

Directed release on bail upon furnishing bonds and verifying separate residence for 25 years.

Mathur Yadav @ Mathura Yadav and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.76401 of 2018

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Arising Out of PS. Case No.-24 Year-2018 Thana- MAIN P.S. District- Gaya

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======================================================

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1. Mathur Yadav @ Mathura Yadav, Son of Late Jageshwar Yadav 2. Chandeshwar @ Chaneshar @ Binod Yadav @ Chaneshwar Yadav

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Lalesh Kumar @ Lalesh Yadav

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Anodh Yadav @ Anod Yadav All Sons of Sri Mathur Yadav, Resident of Village-S uraundha, P.S. - Main, Distt.- Gaya

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER

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2 19-12-2018

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Heard learned counsel for the petitioners and the

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State.

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The petitioners apprehend their arrest in connection with Main P.S. Case No. 24 of 2018 for the offence under Sections 304 (B) and 201/34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. Referring to the prosecution case, learned counsel for the petitioners submits that the petitioners are agnate and they are living separately for the last 25 years.

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Considering the fact that the petitioners have got no criminal antecedent and they are agnate and not the close

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Patna High Court Cr.Misc. No.76401 of 2018(2) dt.19-12-2018 2/2

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relative of the husband of the victim, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Gaya in connection with Main P.S. Case No. 24 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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The Court below is directed to verify the fact whether the petitioners are residing separately from the husband of the victim for the last 25 years or not before releasing the petitioners. In case, it is found that they are living separately, the court below shall release the petitioners, otherwise the court below may not release them.

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(Anil Kumar Upadhyay, J)

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uday/-

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U T

Mathur Yadav @ Mathura Yadav and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Mathur Yadav @ Mathura Yadav and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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